The VOC News has been notified of a matter at the Western Cape High Court, with the case information revealing that the complainant, the wife, has brought her husband, the defendant, to court to contest the supposed absence of nafaqah (financial maintenance towards a wife) from her partner.
The verdict for the case has been set aside, yet the case itself poses a fascinating question regarding the intersection of sharia and secular law.
According to the complainant, who is an attorney herself, she is to “get South African law to recognize the principle of nafaqah within South African law itself.”
“The husband has an obligation to take care of his family, and even if the wife assists with expenses, this does not discharge him from his obligation to provide for his wife, and he should reimburse her and not take that assistance for granted,” she stated.
Exclusively observed by VOC News, she added that the judges objectively questioned the magistrates and their oral judgements. She stated that at the time the case was brought forward in 2021, the principle of Nafaqah was not expressly recognized in South African law.
“In 2021, we sent in a letter of demand, and because I was postpartum, I was forced to go to the maintenance court. My child was six months old when I got the first maintenance order, and only then was maintenance paid,” she added.
“When I initiated the case, I had recordings I didn’t know I would need for a legal case. When he made reference to these recordings where he stated he would get a better job, he then went back on his word, stating he likes his current job and has no intention of seeking better prospects that will better financially enable his family,” she explained.
VOC News has sought comments from the legal representatives of both the complainant and the defendant, both of whom declined to provide a statement.
The judgment was reserved, and a set court date for the verdict has not yet been established.
*This is still a developing story, and VOC News will break further developments as they occur.
Photo: VOCfm
